Understanding Family Law Appeals
Family law is complex, often involving high emotional and financial stakes that can leave some feeling like they didn’t get a fair outcome from the courts. In such cases, it may be possible to get a more favorable ruling by appealing to a higher court.
The family law attorneys of Froerer & Miles guide clients through the complexities of family law appeals in Ogden, UT, and Layton, UT, to help them get a fairer ruling. If you need help appealing a family law judgment, we welcome you to schedule a consultation.
What Is an Appeal?
An appeal is essentially a request to a higher court to have a judgment made by a lower court changed.
When it comes to family law, an appeal may be sought when one party believes the outcome of their case was unfair in some way.
What Happens When Seeking an Appeal?
Through an appeal, a higher court will review the case and the decision of the lower court to determine if a legal error was made.
New evidence or testimony is not permitted. Instead, only the evidence presented at the initial trial is reviewed.
After considering all the evidence and circumstances of the initial case, the appeals judge may agree with the initial ruling and allow it to stand, the judgment may be changed or canceled, or the judge may order a new trial.
Common Reasons for Seeking an Appeal
There are many reasons someone may want to seek an appeal in a family law ruling. Usually it’s because they feel the court’s judgment was unfair in some way, for example:
- Child custody: The courts are supposed to take the best interests of children into account when determining custody. If a parent is unhappy with the court ordered custody arrangement and they believe the children’s best interest wasn’t sufficiently considered, it may be grounds for an appeal.
- Child support payments: The courts may fail to consider all evidence and order child support payments that are too large or too small. An appeal can result in a change to the amount paid in child support.
- Alimony and spousal support: Ex-spouses may seek an appeal regarding spousal support or alimony if they believe the financial support isn’t fair and errors were involved in determining alimony or spousal support.
- Asset and property division: Assets and property may be divided unfairly by the courts if the courts fail to properly review all the evidence before them.
Seek the Help of a Family Law Attorney
Seeking an appeal can be a long and complex process and is best handled with the help of a family law attorney. A family law attorney can navigate confusing paperwork and meet filing deadlines that can be a challenge for those who are not familiar with the court system.
With the help of a family law attorney, it may be possible to improve child custody arrangements, increase the amount of alimony you receive, and achieve overall better outcomes in family law judgments.
Schedule a Consultation With the Attorneys of Froerer & Miles
For help navigating your family law issues, please call our Ogden attorneys at (801) 621-2690 or contact us online.
